KISHAN SEWA SAHKARI SAMITI LTD. Vs. DISTRICT MAGISTRATE/LICENSING OFFICER, COLD STORAGES, FAIZABAD AND OTHERS

JUDGEMENT

(1.) Heard Sri Vinod Kumar Singh, the learned counsel for the petitioner and the learned chief standing counsel who accepted notice on behalf of the opposite party Nos. 1 to 3.

(2.) The contention of the writ petitioner is that the appeal before the Tribunal is fixed for 13.9.2002 which is not disputed by the learned Chief standing counsel. The contention of the writ petitioner is that until 30 days time has expired from the date of the original order or decision of the appeal from the original order, no auction could take place. In the Instant case, the auction is fixed on 17.9.2002 although the appeal pending before the Tribunal which is fixed for hearing on 13.9.2002. The provisions of Sections 24 and 25 of the U.P. Regulation of Cold Storage Act are as under :

(3.) The perusal of sub-section (2) of Sec. 25 of the Act reveals that in the event, the compensation is not paid after thirty days from the expiry of the notice, the Collector is empowered to issue recovery certificate and the Collector shall recover the amount together with costs. In our view, therefore, the time available to the writ petitioner who is cold storage owner is thirty days from the date of the order of the Tribunal in the event the decision of the case is against him to pay the amount. By fixing the date of auction on 17.9.2002, the writ petitioner has been deprived of the opportunity of time, which is available to him under the statute. In our view, the Collector has acted beyond the provisions of the statute in fixing the date of the auction and as such, auction fixed for 17.9.2002, is clearly without Jurisdiction.